EAST\48541706.7
1
IN THE UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WISCONSIN ______________________________________________________________________________
ORACLE AMERICA, INC.,Plaintiff,v. Case No. ____________
LODSYS, LLC, andLODSYS GROUP, LLCDefendants. _____________________________________________________________________________ COMPLAINT FOR DECLARATORY JUDGMENT
(JURY TRIAL DEMANDED) _____________________________________________________________________________
Plaintiff Oracle America, Inc. (“Oracle ”) hereby files this Complaint for DeclaratoryJudgment against Lodsys, LLC and Lodsys Group, LLC (collectively, “Defendants” or “Lodsys”)and alleges as follows:
NATURE OF THE ACTION
1.
This is an action for declaratory judgment of noninfringement and invalidity of four United States Patents pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202,and the Patent Laws of the United States, 35 U.S.C. § 1
et seq
., and for such other relief as theCourt deems just and proper.
Case 2:12-cv-00550-CNC Filed 06/01/12 Page 1 of 16 Document 1
EAST\48541706.7
2
THE PARTIES
2.
Plaintiff Oracle America, Inc. is a corporation organized and existing under thelaws of State of Delaware and having a its principal place of business at 500 Oracle Parkway,Redwood City, California 94065, and is doing business in this district.3.
On information and belief, Lodsys LLC is a limited liability company organizedand existing under the laws of the State of Texas and claims to have a place of business at 505East Travis Street, Suite 207, Marshall, Texas 75670. The Texas Secretary of State lists thecorporate address of Lodsys, LLC as 800 Brazos, Suite 400, Austin, Texas 78701.4.
On information and belief, Lodsys Group, LLC is a limited liability companyorganized and existing under the laws of the State of Texas and claims to have a place of business at 505 East Travis Street, Suite 207, Marshall, Texas 75670, the same address asLodsys, LLC. The Texas Secretary of State lists the corporate address of Lodsys Group, LLC as800 Brazos, Suite 400, Austin, Texas 78701, the same address as that listed for Lodsys, LLC.Together, Lodsys, LLC and Lodsys Group, LLC claim to have all rights and title to the Patents-in-Suit (as defined hereinbelow).5.
On information and belief, Lodsys, LLC and Lodsys Group, LLC are alter egos of each other and/or Lodsys Group, LLC is a mere continuation of Lodsys, LLC, and LodsysGroup, LLC is otherwise liable fully for, and liable as if it were the same as, Lodsys, LLC. Oninformation and belief, Mark Small is the Chief Executive Officer of both Lodsys, LLC andLodsys Group, LLC, is an employee of both Lodsys, LLC and Lodsys Group, LLC, resides andmaintains his residence within this judicial district, and conducts Lodsys’ business from an officelocated in Oconomowoc, Wisconsin in this judicial district.
Case 2:12-cv-00550-CNC Filed 06/01/12 Page 2 of 16 Document 1
EAST\48541706.7
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JURISDICTION AND VENUE
6.
This action arises under the patent laws of the United States, Title 35, UnitedStates Code, 35 U.S.C. § 1, et seq., and under the Federal Declaratory Judgment Act, 28 U.S.C.§§ 2201 and 2202. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331,1338(a), 1367, 2201 and 2202 and the Patent Laws of the United States, 35 U.S.C. § 1
et seq
.Venue is proper in this district pursuant to 28 U.S.C. §§ 1391 and 1400.7.
Upon information and belief, this Court has personal jurisdiction over Lodsys because Mr. Small resides within, and conducts Lodsys’ business related to licensing andenforcement of the patents-in-suit, including licensing and enforcement actions directed at Oraclecustomers, from his location within this judicial district.8.
Oracle develops and licenses a suite of e-commerce enhancement software whichOracle provides, typically on a software-as-a-service basis, through servers that Oracle owns or controls (“Web Commerce Products”). The Web Commerce Products, including Oracle LiveHelp Chat on Demand (“Chat”) and Oracle Contact on Demand (“COD”), are products, thatenhance the websites of Oracle’s customers by providing features such as chat sessions betweenwebsite visitors and customer service representatives associated with such websites. The WebCommerce Products are separate and distinct from a suite of customer experience software provided by Oracle subsidiary RightNow Technologies, Inc. (the “CRM Products”) that are thesubject of a separate declaratory judgment lawsuit pending before this Court. The WebCommerce products include products that were formerly marketed by Art Technology Group,Inc. prior to its acquisition by Oracle, and by InstantService.com, Inc. prior to its acquisition byArt Technology Group, Inc., and by eStara. Inc., prior to its acquisition by Art TechnologyGroup, Inc., and products developed internally by Oracle.
Case 2:12-cv-00550-CNC Filed 06/01/12 Page 3 of 16 Document 1
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